Government Dismisses Conspiracy Charge Against Radio Shock Jock Pete Santilli, Arrested for First Amendment Activities Relating to Oregon Standoff

Via THE RUTHERFORD INSTITUTE

PORTLAND, Oregon — Citing a lack of evidence, federal prosecutors have dismissed the government’s conspiracy charge against radio shock jock Pete Santilli, a new media journalist who was arrested and charged in connection with his reporting on the 41-day occupation of the Malheur National Wildlife Refuge in Burns, Oregon. The dismissal came on the eve of Santilli’s trial.

Attorneys for The Rutherford Institute advised Santilli’s court-appointed attorney, Thomas Coan, on the First Amendment protections for Santilli’s activities as a journalist. Santilli is the only journalist among those who were charged with conspiracy to impede federal officers from discharging their duties by use of force, intimidation, or threats. However, Santilli was charged solely as a reporter of information and not as an accomplice to any criminal activity.
In coming to Santilli’s defense, Institute attorneys warned that Santilli’s case followed a pattern by the government of intimidating journalists whose reporting portrays the government in a negative light or encourages citizens to challenge government injustice and wrongdoing.
The Rutherford Institute’s memorandum on the First Amendment rights of journalists and the government’s complaint regarding Santilli are available at www.rutherford.org.

“The FBI’s prosecution of this radio shock jock has been consistent with the government’s ongoing attempts to intimidate members of the press who portray the government in a less than favorable light,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “This is not a new tactic. During the protests in Ferguson, Missouri, and Baltimore, Maryland, numerous journalists were arrested while covering the regions’ civil unrest and the conditions that spawned that unrest. These attempts to muzzle the press were clearly concerted, top-down efforts to restrict the fundamental First Amendment rights of the public and the press. Not only does this tactic silence individual journalists, but it has a chilling effect on the press as a whole, signaling that they will become the target of the government if they report on these events with a perspective that casts the government in a bad light.”

In early January 2016, a group of armed activists, reportedly protesting the federal government’s management of federal lands and its prosecution of two local ranchers convicted of arson, staged an act of civil disobedience by occupying the Malheur National Wildlife Refuge in Burns, Oregon. Broadcaster Pete Santilli, who has covered such protests in the past, including the April 2014 standoff in Nevada between the Bundy ranching family and the federal government over grazing rights, described himself as an embedded journalist reporting on the occupation in Burns. Santilli did not participate in the takeover of the refuge, nor did he reside on the grounds of the refuge.

However, as a self-described “shock jock” who uses “colorful language,” Santilli was vocal about his commitment to exercising his First Amendment rights in a nonviolent, peaceful fashion and the need for others to do so as well. When asked to clarify his role in relation to the occupation, Santilli declared, “My role is the same here that it was at the Bundy ranch. To talk about the constitutional implications of what is going on here. The Constitution cannot be negotiated.” Santilli also took pains to emphasize during his broadcasts that the only weapon he is using is the First Amendment: “I’m not armed. I am armed with my mouth. I’m armed with my live stream. I’m armed with a coalition of like-minded individuals who sit at home and on YouTube watch this.” In the wake of a roadblock that resulted in the arrests of several key leaders of the occupation and the killing of another, Santilli was arrested and eventually indicted with conspiracy to impede federal officers.

This press release is also available at www.rutherford.org.

What’s The Beef, Part Two: How Lawsuits Shape Land Management Policies

Range management is more a result of lawsuit than science…Special interest groups sue the land management agencies and they agree to settle on terms that do not benefit the general public and are almost never disclosed…
Victor Iverson in Deseret News, January 22, 2016

Sue and Settle

Back in the heyday of clear-cutting, over-grazing, strip-mining, etc, when a generation of passionate environmentalists were inspired by Hayduke and his Monkey Wrench Gang, it seemed that the only way to bring attention to the problems of over-use and degradation of lands was with aggressive, sometimes dangerous, protest actions.  From removing survey stakes and tree spiking to bombings and arson labeled as eco-terrorism, considered one of the greatest threats of terrorism in the United States, environmentalists wanted to be heard.  In desperation to save what they loved, they demanded change in the only ways they felt were left to them.  But then another way was found to effect change in land use policies.

We decided, let’s just sue instead.  It got settled with the Service agreeing to do a wolf study, which led to reintroduction.

That was the moment when we looked at it and said, ‘Wow.’  The environmental movement spent a decade going to meetings and demanding action and getting nothing done.  They were asking powerful people for something from a position of no power.  We realized that we can bypass the officials and sue, and that we can get things done in court.

Kieran Suckling of the Center For Biological Diversity in an interview with High Country News

The use of lawsuits to force the agency overseeing the land or wildlife in question to act has proven to be effective.  And it has been steadily increasing.  When the agency agrees to reach a settlement in these lawsuits, the terms are negotiated behind closed doors, outside of the public’s view, away from the public’s input.  It is referred to as ‘sue and settle.’  Here is a short definition from a report from the US Chamber of Commerce:

 Read the whole thing,including embedded links here

What’s The Beef? Part One: The Anger Over Federal Land Management

 

The land out here is vast, in some places stretching as far as the eye can see in between homes, towns, any signs of humanity.  It is rugged and dry, and holds a sense of emptiness, of loneliness.  But to the observant wanderer, it is in fact a place full of life, from the twisted juniper trees to the strange-colored lichens spreading over the ground.  One can find traces of the animals that have passed through, coyote scat, rabbit tracks, the remnants of a cougar kill up in a tree, huge bird nests up in the craggy cliff bands.  And, of course, the evidence of people, shotgun shells, broken glass, old appliances, and cows.
People seem to have a habit of taking what they have for granted until threatened with its loss.  It is certainly true when it comes to land use.  We have a long history of over-use, it is evident in any industry that involves using or extracting natural resources.  It begins with discovery, then fortunes are made, and more and more people jump on board, and then, the resource begins to run out.  That is the point at which people either destroy the resource altogether, or take steps to protect and manage it.
It is undeniable that humans impact the environment, our proliferation around the world has clearly changed the land.  It is also undeniable that natural resources are required for our survival.  We need food, water, shelter, just like every species.  And this need, and all the times we’ve allowed it to devolve into excessive over-use of resources, along with the desire to protect what we don’t want to lose, has left us with a decades-old, emotional, sometimes violent debate.
Once again, this debate has exploded out of its usual confines of rural America and into the national spotlight with the occupation of the Malheur Wildlife refuge in Harney County.  Ignoring the very basic fact that nature seeks balance, the media is frantically fueling the polarizing rhetoric.  Either you are an angry, spoiled white guy with lots of guns attempting to grab all of the public land, or you are against the occupation and want the spoiled white guys arrested, maybe even bombed with drones.  Few seem willing to pause long enough in the argument to really listen to each other.  Just what is the beef with Federal land management?
The situation in Harney County presents a good starting place to look at this question because there is a long history of problems there.  Anyone who has paid any attention to the story of the refuge occupation knows that it began with a protest rally in support of Dwight and Steven Hammond, who were sentenced for arson under the Anti-Terrorism and Effective Death Penalty Act for starting two fires on their land that spread to BLM land, burning a total of 140 acres.  The group occupying the refuge want the Hammonds freed from prison, among other things.  The Hammonds’ battle with the BLM has been going on for decades, long before they lit the two fires that got them branded as terrorist arsons.  And they aren’t alone.

Read the whole thing,including embedded links  here

Updated @ 11:18pm BREAKING: Ammon Bundy Taken Into FBI Custody

UPDATES…
1811L:  Blaine Cooper has reportedly assumed leadership at the Refuge and has been told to leave immediately.  During a phone call with Pete Santilli, Pete can be overheard saying, “Blaine, please don’t do this.”  Blaine is reportedly wanting to make a stand.  Women and children are still at the Refuge.
1821L:  According to local government officials, Ryan Payne suffered multiple gunshot wounds and was taken to the Burns hospital.
More here

More updates...

1811L: Blaine Cooper has reportedly assumed leadership at the Refuge and has been told to leave immediately. During a phone call with Pete Santilli, Pete can be overheard saying, “Blaine, please don’t do this.” Blaine is reportedly wanting to make a stand. Women and children are still at the Refuge.
1821L: According to local government officials, Ryan Payne suffered multiple gunshot wounds and was taken to the Burns hospital.
1827L: Awaiting a forthcoming statement from law enforcement regarding the shoot out and arrests.
1844L: KATU News is now reporting that eight occupiers have been taken into custody.
1850L: Pete Santilli and Joe Oshaugnessy have also been arrested.
1857L: Law Enforcement reporting the arrest of the following individuals:
Ammon Bundy, Ryan Bundy, Brian Cavalier, Shawna Cox, Ryan Payne — and JJoe O’Shaghnessy in a separate arrest.
1900L: FBI reporting that one of the occupiers is now deceased.

11:15 pm KATU is reporting  "Federal law enforcement officers converged on the wildlife refuge after the arrests and were expected to remain at the site throughout the night. It was unclear how many members of the armed group, if any, were at the refuge when the law enforcement officers arrived."
here

Updates will be posted on this post as verified info becomes available.

From Carol Bundy-How you Can Help the Patriots in Oregon

We have had many people ask where they can donate and/or send food and supplies for the Patriots in Oregon. 

Food and supplies can be sent to:

36391 Sodhouse Lane

Princeton, Ore 97721

C/o shawna CoxWe have had many people ask where they can donate and/or send food and supplies for the Patriots in Oregon. 

Food and supplies can be sent to:

36391 Sodhouse Lane

Princeton, Ore 97721

C/o shawna Cox

And

Financial donations can be sent to:

Lisa Bundy

P.O. Box 1072

Emmett, ID 83617

Or

Donate online using this link.

http://c4cf.com/

If you can provide any of the items on this list it would be greatly appreciated.

Warm Blankets Sleeping Bags Jackets Large and Extra Large Thermals Medium Large        and Extra Large mens Wool Socks Hand and Feet Warmers Women Thermals Medium      and Large Top and Bottoms Slippers Small, Medium Large Snow Pants Medium and Large Snow Boots 7/12 to 8, 9, and 10 Miracle Whip Mayonaise Mustard Ketchup Hamburgers Hot dogs Brats Buns  / Bread Any Canned Foods Camp dry water Repellent John Radios Ham Digital Camera with charger Hay Money Markers Poster Board Medicine Laundry Detergent Foam Pads Egg Crates Boxer Briefs – Medium/Large/and Extra Large T Shirts M/L/XL Razors Queen Sized Bed Sheets Twin Sized Bed Sheets Pillow Cases Shampoo Conditioner Body Wash Towels Wash Cloths Deodorant Shaving Creme Safety Razors

Midland Radio from Walmart Pens Pencils Notepads Lighters Candles Flashlights Batteries Throw Rugs any & all size for doorways Ice melt Ice Scrappers Shelf Units to store food Ice chests Aprans 4″ Kitchen Towels Wash Rags Antibacterial Hand Soap Dish Soap Chisel Point Markers Plastic Silverware Coffee Cups Sanitizers Gaming Supplies Clorox Lysol wipes Oven Cleaner 120 Grit sand papers Propane Tanks Portable Heaters Wipes Tampons Pads Eggs (Needed badly) Coffee French Vanilla Creamer Shredded Cheese Sliced Cheese Sour Cream Sugar Flour Fresh Veggies Cigarettes Marlboro Red 100’s Marlboro Lights 100’s Pall Mall Menthol 100’s Chew Copenhagen

Sincerely,
Carol